An arbitration blog by Prof. Imre Szalai
Recently, the federal agency in charge of administering Medicare and Medicaid issued a final rule prohibiting the use of pre-dispute arbitration agreements in nursing homes. In the nursing home context, and in other contexts like consumer and employment settings, there Continue Reading
In Sandquist v. Lebo Automotive, Inc., S220812 (Cal. Sup. Ct. July 28, 2016) (click here for a copy of the decision), the California Supreme Court, in a divided 4-3 opinion, addressed an important “who decides” problem in arbitration law: who Continue Reading
What happens if there is an arbitration agreement, but the claimant is unable to pay the costs of arbitration, while the other party is unwilling to front these costs? According to the Ninth Circuit, the plaintiff may now proceed with Continue Reading
In Lewis v. Epic Systems Corp., No. 15-2997 (7th Cir. May 26, 2016) (click here for a copy of the decision), the Seventh Circuit held that an arbitration clause violated the National Labor Relations Act (NLRA). The clause, which required employees Continue Reading
In Boardman v. Pacific Seafood Group, Nos. 15–35257, 15–35504 (9th Cir. May 3, 2016) (click here for a copy of the decision), the majority of a Ninth Circuit panel held that a dispute did not fall under the scope of Continue Reading
The Fifth Circuit recently issued a decision regarding how to assess subject matter jurisdiction in connection with the confirmation of an arbitrator’s award. See Pershing LLC v. Kiebach, No. 15–30396 (5th Cir. Apr. 6, 2016) (click here for a copy Continue Reading
In Dell Webb Communities, Inc. v. Carlson, No. 15-1385 (4th Cir. Mar. 28, 2016) (click here for a copy of the decision), the Fourth Circuit held that whether an arbitration agreement permits class proceedings is a gateway issue for courts Continue Reading
In a must-read decision for anyone creating an arbitration clause online in connection with internet commerce, the Seventh Circuit recently found that a website failed to give reasonable notice of contract terms, and as a result, the arbitration clause was Continue Reading
In Baltazar v. Forever 21, Inc., No S208345 (Cal. Mar. 28, 2016) (click here for a copy of the decision), the California Supreme Court found that an arbitration agreement in an employment application was not substantively unconscionable. I expect this Continue Reading
In Robinson v. J&K Administrative Management Services, No. 15-10360 (5th Cir. Mar. 17, 2016) (click here for a copy of the decision), the Fifth Circuit recently addressed an important “who decides” problem in arbitration law: who decides whether class arbitration Continue Reading